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Performance Plus Med., P.C. v. Nationwide Ins.

Appellate Terms of the Supreme Court of New York·Decided October 11, 2016·No. 2016 NYSlipOp 51510(U)·Published

Opinion



Performance Plus Medical, P.C., as Assignee of Earl Best, Appellant,

against

Nationwide Ins., Respondent.


Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered December 11, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that the action was premature because plaintiff had failed to provide requested verification.

For the reasons stated in Performance Plus Med., P.C., as Assignee of Melanna Luckie v Nationwide Ins. (____ Misc 3d ____, 2016 NY Slip Op _____ [appeal No. 2013-2766 Q C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.

Pesce, P.J., Aliotta and Solomon, JJ., concur.


Decision Date: October 11, 2016

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Performance Plus Med., P.C. v. Nationwide Ins., (N.Y. Ct. App. 2016).

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